so as to convert him into a slave, is likely to give
rise to a class of loans which inspire nothing but
abhorrence—money lent with the foreknowledge
that the borrower will be unable to repay it, but
also in the conviction that the value of his person
as a slave will make good the loss; thus reducing him
to a condition of extreme misery, for the purpose
sometimes of aggrandizing, sometimes of enriching,
the lender. Now the foundation on which the respect
for contracts rests, under a good law of debtor and
creditor, is the very reverse of this. It rests
on the firm conviction that such contracts are advantageous
to both parties as a class, and that to break up the
confidence essential to their existence would produce
extensive mischief throughout all society. The
man whose reverence for the obligation of a contract
is now the most profound, would have entertained a
very different sentiment if he had witnessed the dealings
of lender and borrower at Athens under the old ante-Solonian
law. The oligarchy had tried their best to enforce
this law of debtor and creditor with its disastrous
series of contracts, and the only reason why they
consented to invoke the aid of Solon was because they
had lost the power of enforcing it any longer, in
consequence of the newly awakened courage and combination
of the people. That which they could not do for
themselves, Solon could not have done for them, even
had he been willing. Nor had he in his position
the means either of exempting or compensating those
creditors who, separately taken, were open to no reproach;
indeed, in following his proceedings, we see plainly
that he thought compensation due, not to the creditors,
but to the past sufferings of the enslaved debtor,
since he redeemed several of them from foreign captivity,
and brought them back to their homes. It is certain
that no measure simply and exclusively prospective
would have sufficed for the emergency. There
was an absolute necessity for overruling all that
class of preexisting rights which had produced so
violent a social fever. While, therefore, to this
extent, the Seisachtheia cannot be acquitted of injustice,
we may confidently affirm that the injustice inflicted
was an indispensable price paid for the maintenance
of the peace of society, and for the final abrogation
of a disastrous system as regarded insolvents.
And the feeling as well as the legislation universal
in the modern European world, by interdicting beforehand
all contracts for selling a man’s person or that
of his children into slavery, goes far to sanction
practically the Solonian repudiation.
One thing is never to be forgotten in regard to this measure, combined with the concurrent amendments introduced by Solon in the law—it settled finally the question to which it referred. Never again do we hear of the law of debtor and creditor as disturbing Athenian tranquillity. The general sentiment which grew up at Athens, under the Solonian money-law and under the democratical government, was one of